India May Establish NITI Aayog-Like Commission for Climate Action

Supreme Court judge Justice K V Viswanathan highlighted the urgent threat posed by climate change and suggested forming a permanent commission in India, akin to NITI Aayog, to tackle this issue comprehensively. Speaking at the launch of Jatinder Jay Cheema's book, "Climate Change: The Policy, Law and Practice," he emphasised the need for a dedicated body to address climate change from all perspectives.

Justice Surya Kant echoed these sentiments, noting that the Supreme Court has often exceeded its legal boundaries to prevent environmental harm. He expressed hope that the Indian legislature would proactively address current environmental challenges. "The right to a dignified life under Article 21 of the Constitution has been broadly interpreted to prevent environmental degradation, deforestation, and pollution," he said.

Balancing Development and Environmental Protection

Justice Viswanathan discussed the ongoing debate among experts about India's climate change legislation framework. He pointed out that while developed countries focus on regulating carbon emissions, this model might not suit India. Instead, a regulatory approach that balances development with emission control is suggested. "The real challenge is ensuring development without compromising on carbon emissions," he noted.

Justice Kant stressed the importance of balancing industrial growth with environmental protection. He mentioned that constitutional stakeholders must work hard to defend the environment while promoting economic development. This dual approach aims to address climate change effectively while ensuring smooth economic progress.

Need for Awareness and Legislative Action

Justice Sanjay Karol called for recognising climate change as a distinct branch of law separate from general environmental law. He emphasised the importance of raising awareness about environmental laws and modern practices to combat climate change. "It is crucial for everyone to understand the impact of climate change and adopt contemporary practices," he stated.

Justice Kant also pointed out that developing countries like India often bear an unfair share of blame for climate change. He criticised developed nations for exporting their plastic waste to developing countries instead of addressing their waste disposal issues. "Developed nations, among the top waste generators, often evade responsibility by exporting plastic waste, worsening challenges for developing countries," he remarked.

India's Climate Change Performance

Despite these challenges, Justice Kant acknowledged that many developing countries, including India, have taken significant steps to prevent ecological damage. He noted that India has performed well in the Climate Change Performance Index (CCPI) ratings. In 2023, India ranked eighth out of 63 countries in the CCPI report published by Environmental NGOs Germanwatch, New Climate Institute, and Climate Action Network.

The call for a permanent climate change commission in India reflects a growing recognition of the need for coordinated efforts to address this pressing issue. By establishing such a body, stakeholders can periodically review and push forward solutions from various angles, ensuring comprehensive action against climate change.